Applying for a National Interest Exception (NIE) with B1/B2 and Other Visas Under the COVID-19 Travel Bans: Process and Key Points

Background on traveling to the U.S. and inadmissibility: {https://gonglue.us/51022}.

U.S. COVID-19 Travel Bans and Exceptions

You are probably familiar with the 14-day travel ban: regardless of nationality, any non-U.S. citizen or green card holder who has been in the following countries within the past 14 days cannot enter the United States. To enter, one must spend 14 days in a country not subject to the ban, commonly known as "washing white." The countries subject to the ban are:

• Presidential Proclamation 9984: China

• Presidential Proclamation 9992: Iran

• Presidential Proclamation 10143: Schengen countries, the United Kingdom, Ireland, Brazil, and South Africa

• Presidential Proclamation 10199: India

There are several categories of exceptions that are not subject to the ban and can enter the U.S. directly without the 14-day wash. Here I list a few common ones; for the complete list, please see the U.S. Department of State:

• U.S. citizens or green card holders

• Spouses and minor children of U.S. citizens or green card holders

• Siblings of U.S. citizens or green card holders, provided both are under 21 and unmarried

• Parents or guardians of minor, unmarried U.S. citizens or green card holders

• Individuals qualifying for a National Interest Exception (NIE)

Who Can Apply for an NIE to Avoid the 14-Day Wash?

• Students and scholars (all F visas, certain J, M, and C1/D visas) [Note]

• Diplomats (A, C, G visas) [Note]

• Public health experts

• Patients seeking emergency medical care

• Humanitarian needs

• Travelers providing vital support for critical infrastructure and job creation

[Note] Students and scholars with valid visas who travel to the U.S. within 30 days before the start of their program automatically qualify for an NIE; see {https://gonglue.us/87722}. Diplomats also do not need to apply for an NIE and may travel directly to the U.S.

Common situations—such as grandparents traveling to the U.S. with a U.S.-citizen grandchild on a B visa, athletes going to the U.S. for competitions, or H1B holders going to work in the U.S.—are still subject to the 14-day ban. If you believe you meet the national interest exception criteria, you must first apply for an NIE to avoid the 14-day third-country stay. The three categories of reasons in bold above are the ones commonly used to apply for an NIE.

How to Apply for a National Interest Exception

Whether you hold a valid visa or ESTA visa-free eligibility, or are applying for a new U.S. visa, you must apply for an NIE through the U.S. embassy or consulate. The application process may vary by country/region or U.S. consulate (for example, required documents and processing times differ). In addition, you should check your email address associated with the U.S. embassy frequently for updates.

The information from the U.S. Embassy in China is very sparse, almost nonexistent, but the information from the U.S. embassies in Germany and Australia is quite specific and can be used for reference.

Application Process

• Contact the U.S. embassy/consulate that issued your visa and explain your situation. Be sure to clearly state the reasons why you urgently need an NIE. Note that all email correspondence must be in English: U.S. Embassy in China (Beijing): [email protected]; Consulate General in Shanghai: [email protected]; Consulate General in Guangzhou: [email protected]; Consulate General in Shenyang: [email protected]

• Prepare documents according to the checklist provided in the U.S. embassy/consulate's reply. If you already hold a valid visa, email the required documents as attachments to the U.S. embassy/consulate (do not compress them); if you need to apply for a visa, you may submit the NIE application materials during your visa interview.

• There is no fee to apply for an NIE.

• For example, when grandparents bring their U.S.-citizen grandchild to the U.S., the grandparents themselves must apply to the U.S. embassy/consulate. Required documents include: copies of the grandparents' passports and U.S. visas, the grandparents' custody documents, documents proving the relationship between the grandparents and one of the child's parents, a copy of the child's passport, copies of the child's parents' passports, a copy of the child's birth certificate, and flight itinerary.

• NIE adjudication is handled independently by each U.S. embassy or consulate; the required application materials are subject to each office's official reply.

• Processing time can range from one day to one month; please plan your travel dates and apply for an NIE in advance.

Application Outcome

If the applicant already holds a U.S. visa, the NIE will be sent by email and is valid for 12 months. If the applicant does not have a valid U.S. visa and needs to apply for one, the NIE will be shown on the visa as: NIE UNDER PP ON NOVEL CORONAVIRUS, also valid for one year. The NIE will be registered internally in the DHS system, and the approval email can be printed out for check-in staff to review.

Frequently Asked Questions

No. Parents of minor U.S.-citizen children are not subject to the ban.

Yes. Alternatively, you may choose to wash white for 14 days before traveling to the U.S.

On April 1, 2021, the U.S. Department of State announced that the nonimmigrant work visa ban (PP10052) expired and became ineffective. Although H1B holders can enter the United States, they are still subject to the 14-day travel ban. If you believe your work nature meets the NIE exception criteria, you can apply for an NIE to avoid the hassle of the 14-day third-country stay.

A notice issued by the Department of State on August 12, 2021, stated that starting June 29, 2021, the validity period of NIEs issued by the Department of State will be extended to 12 months. During this period, as long as your visa is valid and the purpose of travel is the same as the original purpose for which the NIE was applied, you can use the NIE to travel to the U.S. without being subject to the 14-day travel ban.

NIEs obtained before June 29 will also have their validity extended to 365 days. For example, if your NIE was approved on April 1, 2021, it will remain valid until March 31, 2022. Of course, your visa must still be valid, and your purpose of travel must be consistent with the purpose stated when you originally applied for the NIE. If you have questions, consult the U.S. embassy or consulate that issued the NIE. Note that an NIE issued by DHS/CBP remains valid for a single entry within 30 days.

No. After this visa expires, you will need to apply for a new visa; as long as the purpose of travel is similar to the reasons stated in the previous NIE, you do not need to apply for an NIE again.

Yes. NIEs issued by the Department of State are valid for all countries restricted under Presidential Proclamations 9984, 9992, 10143, and 10199.

The NIE is tied to your passport; after you obtain a new passport, you must reapply.

Depending on each consulate's workload, processing time can range from one day to one month. It is recommended to apply three to four weeks in advance; since the NIE is now valid for one year, there is no need to worry about it expiring.